under which year I owe taxes

Thanks in advance

I was mailed a check on December 31, I only received it today, January

5, 2011 It will be under 1099 If I cache it now - is it considered 2010 income or 2011? is there any IRS web link for that? Thanks again
Reply to
Police Stream
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Cash-basis accounting: 2011 Accrual-basis accounting: 2010

Reply to
D. Stussy

What is the date on the check???? That is what counts, not when you receive or cash it, as far as I know.

Reply to
hrhofmann

Sorry, but that's just wrong. For a cash basis taxpayer, income is taxed in the year received, even if it was sent and deducted by the payer in a different year.

Reply to
Stuart A. Bronstein

This must be the time of year for constructive receipt questions. The situation you raise has been asked and answered and litigated numerous times. I have come to rely upon PPCs Guide to Employee Compensation that goes into constructive receipt of employee compensation. As it is copyrighted, I will apply it to your situation.

If the employer (I am aware this is a 1099 situation.) made the check or cash available to you by 12/31/10 (i.e., you could have had the check in your hands on 12/31 or you could have had the funds direct deposited), then you have constructive receipt in 2010. If on the other hand, the employer practice is to mail checks, then a check posted on 12/31 is not

2010 income.
Reply to
Alan

Unless it was delayed at the option of the taxpayer (constructive receipt). E.g. a paycheck was available to you December 31, but you took vacation that day, and didn't receive it until January 3.

Seth

Reply to
Seth

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